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Patna High Court

Brajesh Yadav @ Brajesh Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court denied the petitioner's application for regular bail.

Summary

Brajesh Yadav applied for regular bail in a case involving offences under the Bharatiya Nyaya Sanhita and the Arms Act, alleging false implication based on a co-accused's confessional statement. The petitioner has three prior cases and was arrested on 17-12-2025 after a police raid that recovered arms and cartridges. He argued that the confessional statement lacks evidentiary value and that he would not abscond if released. The State highlighted the earlier rejection of anticipatory bail, the inconsistency in the petitioner's claim of antecedents, and the risk of absconding. After hearing both sides, the Court declined to grant bail, directing that the petitioner may renew his application after charge framing.

Issues considered

  • Whether regular bail should be granted to the petitioner given the nature of the offences and his antecedent record
  • Whether a co-accused's confessional statement can substantiate the charge against the petitioner for bail considerations
  • Whether the risk of absconding justifies denial of bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • anticipatory bail
  • confessional statement
  • arms possession
  • prior convictions
  • risk of absconding

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20904 of 2026
                       Arising Out of PS. Case No.-10 Year-2025 Thana- AMARPUR District- Banka
                 ======================================================
                 Brajesh Yadav @ Brajesh Kumar Yadav Son of Sachitanand Yadav @
                 Sachidanand Yadav Resident of Village- Barmasiya (Badi Jankipur), P.S.-
                 Amarpur, District- Banka

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ajay Mukherjee
                 For the Opposite Party/s :       Ms.Rina Sinha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   11-05-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner seeks bail in Amarpur PS Case No.

                   10 of 2025, registered for the offences punishable under

                   Sections 310(4), 310(5), 132, 109(1) and 111 of the Bharatiya

                   Nyaya Sanhita and Sections 25(1-B)a, 26, 27 and 35 of Arms

                   Act.

                             3.    Learned counsel for the petitioner submits that

                   petitioner has antecedent of three cases and was arrested on 17-

                   12-2025 and the informant alleges that based on information,

                   the house of Jayant Yadav was raided from where Shiv Shakti

                   Yadav and Pankaj Kumar were arrested and from their

                   possession, arms and live cartridges along with a fired cartridge
Patna High Court CR. MISC. No.20904 of 2026(2) dt.11-05-2026
                                            2/3




          were discovered as detailed in the FIR and the apprehended

          accused in their confessional statement disclosed the name of

          Gaurav Chaudhary, petitioner and others, who fled from the

          place of occurrence, when police arrived.

                   4.     Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that petitioner was not arrested

          from the spot and his name transpired in the confessional

          statement of apprehended-accused in police custody which does

          not have any evidentiary value. It is also submitted that if

          privilege of regular bail is granted to the petitioner, the

          petitioner will not abscond .

                   5.     Learned A.P.P. for the State vehemently opposes

          the prayer for bail of the petitioner and submits that petitioner

          had earlier moved before this Court seeking anticipatory bail by

          filing Cr. Misc No. 24499 of 2025 and the same came to be

          rejected by an order dated 2-5-2025, but then in Cr. Misc No.

          24499 of 2025, the petitioner had pleaded that he has antecedent

          of one case when in the instant regular bail application, it is

          pleaded that petitioner has antecedent of three cases, which

          amply demonstrates that petitioner on earlier occasion had not

          approached the Court with clean hand. It is also submitted that if
              Patna High Court CR. MISC. No.20904 of 2026(2) dt.11-05-2026
                                                          3/3




                        privilege of regular bail is granted to the petitioner, the

                        petitioner may abscond.

                                 6.     After hearing the learned counsel for the parties,

                        the Court is not inclined to release the petitioner on bail.

                        Accordingly, the prayer for bail of the petitioner is rejected.

                                 7.     However, the petitioner would be at liberty to

                        renew his prayer for bail after framing of charge.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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